In response to criticism of HUD’s stance on crime statistics and school evaluations, NAR pointed to decades of handbooks, manuals, and case law.
The National Association of Realtors is embarking on a new fair housing conversation.
On Tuesday, real estate industry groups responded to a letter from Craig W. Traynor, assistant secretary for fair housing and equal opportunity at the Department of Housing and Urban Development (HUD), and a statement from HUD Secretary Scott Turner about how crime statistics and school ratings are communicated to consumers. NAR’s response said it agrees that “consumers seeking information about nearby schools and crime should have access to accurate and complete data while searching for a home.”
The question at issue seems to be where that data comes from.
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From HUD’s perspective, “sharing crime and school data is currently erroneously equated with racism,” undermining fair housing. The department cites guidance from the NAR, including an article titled “Is this a safe area? Don’t answer that.”
“Contrary to public disclosures about operations by industry leaders, real estate agents and brokers do not violate the Fair Housing Act simply by discussing the prevalence of crime or the quality of neighborhood schools with potential homebuyers or renters,” the letter states.
In his statement, Turner also criticized Biden-era policies as “an effort to put diversity, equity, and inclusion (DEI) ideology into practice.”
In its response, NAR pointed to its Code of Ethics and Standards of Practice, which explicitly allow “members to share neighborhood demographic information unless it is related to race, ethnicity, or religion.”
“Since the 1980s, NAR guidance has encouraged members to share objective, fact-based information about schools and crime from trusted third-party sources,” the trade group said in a statement. “At the same time, NAR recommended caution in how these topics are discussed. Subjective commentary, personal opinion, and hearsay about schools and crime have been cited as evidence of discriminatory intent or deliberate inducement in numerous fair housing enforcement cases.”
NAR said in a statement that its guidance on these topics has been “consistent for decades,” citing handbooks, manuals, and case law, including:
“The National Association of Realtors is the leading voice for the real estate profession, providing deep expertise in fair housing and its practices every day,” the statement concluded. “NAR will continue to review HUD’s letter and HUD’s impact on its members and the consumers it serves. NAR appreciates the opportunity to further engage with HUD and other stakeholders to ensure clear guidance that supports both compliance and real estate agents’ ability to effectively serve their customers in every zip code across the country.”
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